Also known as: antecessors · predecessor
Written by attorneys · grounded in primary & secondary sources — see below
A person or entity that previously held a legal interest, position, or office now held by another.
Aaron Adams offers a transcript of Madison's sworn deposition from an earlier administrative investigation to prove retaliatory motive in a civil whistleblower suit against Amelia Amari. Amari's antecessor attended the deposition and had an opportunity to develop the testimony through questioning on the same subject matter. The court admits the transcript because the antecessor possessed both opportunity and similar motive to examine the witness.
Adrian Aguilar acquires a parcel from Alliance Holdings that still contains an encroaching fence built years earlier by the seller. The fence remains after the transfer. Aguilar becomes liable for trespass because his antecessor placed the structure on the land and the continued presence satisfies the elements of the tort.
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Avalon Pharmaceuticals releases its recorded senior mortgage on a laboratory building and simultaneously records a replacement mortgage with a longer amortization schedule. An intervening equipment lender claims priority. The replacement mortgage retains the antecessor's priority because the transaction was integrated and the change caused no material prejudice to junior interests.
Aurora Biotech perfects a purchase-money security interest in laboratory benches by fixture filing while the debtor holds record title. A later mortgagee takes a deed of trust on the building. The fixture interest prevails over the mortgagee's claim and any interest derived from the debtor's antecessor in title.
Aisha Ahmed purchases a parcel containing a portable fuel tank that her antecessor had placed without permission. After learning of the tortious placement, Ahmed fails to remove the tank. She is liable for trespass because she acquired the interest with knowledge of the antecedent wrongful conduct and did not remove the chattel.
Alan Ackerman's company merges into a larger entity that continues the same manufacturing operations. A former employee sues the surviving corporation for toxic exposure that occurred before the merger. The survivor is liable because it succeeds to all liabilities of its antecessor by operation of law.
The rule permits former testimony against a party whose antecessor had an opportunity and similar motive to develop the testimony by examination. This ensures fairness by treating the antecessor's prior participation as binding on the successor in interest.
Liability arises when the current possessor acquires the land with knowledge of the tortious placement or learns of it later and fails to remove the structure. The continued presence satisfies the elements of trespass even without new affirmative conduct.
The replacement retains the antecessor's priority unless a change in terms materially prejudices junior interests or a recording-act protected party acquires an interest while the senior mortgage is off record. Courts apply a strong presumption against finding material prejudice from modest extensions alone.
A properly perfected fixture filing gives priority over conflicting interests of the encumbrancer or owner and over any conflicting interest held by a predecessor in title of that encumbrancer or owner. The timing of the fixture filing relative to the record interest controls.
…Criminal Interrogation and Confessions (1962), are a revision and enlargement of material presented in three prior editions of a predecessor text, Lie Detection and Criminal Interrogation (3d ed. 1953). The authors and their associates are officers of the Chicago Police Scientific Crime Detection Laboratory and have had…